§8464 — Title 16 Conservation | U.S. Code

Summary

Creates the Outdoor Recreation Legacy Partnership Program to give grants to certain public bodies and nonprofits so they can buy land or water for parks and build or fix outdoor recreation places that are open to the public. Eligible groups include States, cities, counties, park districts, Indian Tribes, urban Indian organizations, Alaska Native or Native Hawaiian community groups, 501(c)(3) nonprofits, or partnerships of these entities. Grants focus on places that are urban areas or clusters with 25,000 or more people, two touching clusters that together have 25,000 or more people, or areas run by Tribal or Native community organizations. Projects that improve park access, help low-income communities and youth, offer youth jobs or training, build public-private partnerships, or coordinate across government get priority. Grant recipients must match the grant amount dollar for dollar (100 percent). No more than 7 percent of a grant can pay admin costs. Grant money cannot pay for appraisal or title fees, routine upkeep, pro sports facilities, mainly indoor centers, or land that blocks public access. Property bought or improved must stay public outdoor recreation unless the Secretary approves a change and requires replacement land of equal value and usefulness; certain wetlands can count as equivalent. The Secretary will screen and score applications and must give application information in culturally and language-appropriate ways. State-led grant recipients must send annual performance and financial reports within 30 days after each report period ends, and a final report within 90 days after the project ends or the project period expires.

Title 16, §8464

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “eligible entity” means an entity or combination of entities that represents or otherwise serves a qualifying area.

(2)The term “eligible nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.

(3)The term “entity” means—

(A)a State;

(B)a political subdivision of a State, including—

(i)a city;

(ii)a county; or

(iii)a special purpose district that manages open space, including a park district; and

(C)an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization.

(4)The term “low-income community” has the same meaning given that term in 26 U.S.C. 45D(e)(1).11 See References in Text note below.

(5)The term “Outdoor Recreation Legacy Partnership Program” means the program codified under subsection (b)(1).

(6)The term “qualifying area” means—

(A)an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census;

(B)2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or

(C)an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization.

(b)(1)(A)There is established an existing program, to be known as the “Outdoor Recreation Legacy Partnership Program”, under which the Secretary may award grants to eligible entities for projects—

(i)to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and

(ii)to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas.

(B)In awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that—

(i)create or significantly enhance access to park and recreational opportunities in a qualifying area;

(ii)engage and empower low-income communities and youth;

(iii)provide employment or job training opportunities for youth or low-income communities;

(iv)establish or expand public-private partnerships, with a focus on leveraging resources; and

(v)take advantage of coordination among various levels of government.

(2)(A)As a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant.

(B)Not more than 7 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses.

(3)In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would—

(A)provide recreation opportunities in low-income communities in which access to parks is not adequate to meet local needs;

(B)provide opportunities for outdoor recreation and public land volunteerism;

(C)support innovative or cost-effective ways to enhance parks and other recreation—

(i)opportunities; or

(ii)delivery of services;

(D)support park and recreation programming provided by local governments, including cooperative agreements with community-based eligible nonprofit organizations;

(E)develop Native American event sites and cultural gathering spaces;

(F)provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife; and

(G)facilitate any combination of purposes listed in subparagraphs (A) through (F).

(4)(A)Subject to subparagraph (B), an eligible entity may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph.

(B)An eligible entity may not use grant funds for—

(i)incidental costs related to land acquisition, including appraisal and titling;

(ii)operation and maintenance activities;

(iii)facilities that support semiprofessional or professional athletics;

(iv)indoor facilities, such as recreation centers or facilities that support primarily nonoutdoor purposes; or

(v)acquisition of land or interests in land that restrict public access.

(C)(i)No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use.

(ii)The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive Statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.

(iii)Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion.

(c)In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall—

(1)conduct an initial screening and technical review of applications received;

(2)evaluate and score all qualifying applications; and

(3)provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on—

(A)the opportunity to apply for grants under this section;

(B)the application procedures by which eligible entities may apply for grants under this section; and

(C)eligible uses for grants under this section.

(d)(1)Not later than 30 days after the last day of each report period, each State-lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that—

(A)summarize project activities conducted during the report period; and

(B)provide the status of the project.

(2)Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State-lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require.

Editorial Notes

References in Text

26 U.S.C. 45D(e)(1), referred to in subsec. (a)(4), was so in the original, but probably should have been a reference to section 45D(e)(1) of the Internal Revenue Code of 1986, which is classified to section 45D(e)(1) of Title 26, Internal Revenue Code.

§8464 Outdoor Recreation Legacy Partnership Program

Summary

Title 16, §8464

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata